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The Ohio "Blue Sky" Cases, Clarence D. Laylin

Michigan Law Review

The ancient notion that private fraud lies beyond the domain of public law did not long survive the statements of it that have been quoted.' Our legislation, expressing always the changing moral standards of the people, has directed the sanctions of the criminal law, step by step, ever against new forms of overreaching and imposition. Numerous illustrations might be cited to show the growing repugnance of the public mind toward frauds and cheats, and the tendency to recognize them as offenses invoking the restraint of public action as well as the redress of private injuries.

Michigan's Adoption Of Uniform State Legislation, George W. Bates

Michigan Law Review

The commissioners on Uniform State Laws have just filed their fourth Biennial Report to the Legislature of Michigan. This Conference is a body composed of representatives of each State, Territory and Federal possession, who meet in annual conference under a permanent organization commonly designated the Commissioners on Uniform State Laws. The twenty-sixth annual meeting was held in Chicago last August. The commissioners consist very largely of lawyers and judges of standing and experience and of law teachers from some of the principal law schools. There are usually three representatives from each State or Territory, appointed for terms of three to …

The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood

Articles

The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession Mistake - From a decree quieting in plaintiff title by adverse possession, defendants appealed, contending that plaintiff claimed the land only under and by virtue of a will which in fact conferred no legal title, and that such a claim was not adverse. Held, assuming that plaintiff believed he was asserting legal rights only, and that his claim of title was defective, his possession would nevertheless ripen into title by adverse possession. Erickson v. Crosby, (Neb. 1916) x6o N. W. 94.

Extension Of Judicial Review In New York, Edward S. Corwin

Michigan Law Review

There are several reasons why it should be worth while to investigate the operation of the most unique of American governmental institutions in the most important state of the Union. For one thing, in the person of Chancellor KZN" New York furnished one of the founders of American Constitutional Law, while at the same time it was KzNT's fame that early gave New York decisions the importance they still retain in great part in the field of citation and precedent. Again it was YNT'S influence that inclined the fresh shoot of constitutional jurisprudence in New York in a conservative direction, …

Gober's Georgia Form Book And Procedure, A Collection Of Legal Forms With Annotations From The Reports Of The Supreme Court And The Court Of Appeals Of Georgia On Questions Relating To Forms And Procedure; Prepared For The Use Of The Judiciary, The Bar, The Officers Of Court, And Business Me, George Fletcher Gober

Historical Treatises

Excerpt from the preface:

The work of preparing this volume has developed out of all proportion to what I anticipated in the outset. The great trouble under our system is that there are so many things that are not fixed and determined. Our system of pleading provides that a party must plainly, fully and distinctly set forth his cause of action, and this leaves the form to be passed upon under the discretion of about one hundred trial judges in the City and Superior Courts, and this discretion, in many instances, is controlled by individual and particular ideas. For this …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1917, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

State Legislation Extending To Navigable Waters, Ralph W. Aigler

Articles

In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOLMEs dissenting, that the WORKMEN'S COMPENSATION ACT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred on navigable waters of the United States …

Constitutionality Of Segregation Ordinances, John B. Waite

Articles

The effort of various southern states to segregate white persons and colored ones into mutually exclusive residential districts has received a final quietus, unless the Supreme Court of the United States shall reverse itself, by the decision in Buchanan v. Warley, handed down November 5, 1917. The suit in this case was for specific performance of a contract to buy land. The contract expressly stipulated that the buyer, a colored man, was not to be held to his purchase unless he had "the right under the laws of the state of Kentucky and the city of Louisville to ocupy said …

A Manual On Land Registration, Arthur Gray Powell

Historical Treatises

Excerpt from the preface:

I decided that my labors would prove most useful if I attempted to write a practical, rather than a learned treatise on the subject. While the subject is one that might bear much fruit under learned treatment, still what the present moment most demands is a practical handbook which will inform the profession and the officers who are to administer the law what to do and how to do it, when a landowner comes seeking to register his land.

There has been no effort at style, except that I have striven to state matters in a …

Journal Of The Senate Of The Commonwealth Of Kentucky, 1917, Extraordinary Session, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Recovery Of Money Paid Under Duress Of Legal Proceedings In Michigan, Edgar N. Durfee

Articles

THE case of Welch v. Beeching, recently decided by the Supreme Court of Michigan, raises puzzling problems conconcerning the recovery of money paid under pressure of legal proceedings. It is the purpose of this paper to give that case a more adequate setting, in relation to the whole field of law to which it pertains, than was provided by the brief opinion of the court. We shall not attempt to exhaust the authorities, nor to present a rounded treatment of the whole subject touched upon.

What Service Gives Jurisdiction In Person, John R. Rood

Articles

On March 6th, 1917, the Supreme Court of the United States, in the case of McDonald v. Mabee, reversing the decision of the Supreme Court of Texas, in 175 S. W. 676, held that a judgment in foreclosure proceedings in which the defendant was served only by publication did not merge the cause of action so as to bar a suit on the original notes for the balance unpaid by the sale of the mortgaged property on the foreclosure, although the statute of the state declared such service sufficient to give jurisdiction in personam, and the defendant was a citizen …

Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner

Articles

There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign …

Safeguarding The Criminal Defendant, Edson R. Sunderland

Articles

Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing more ancient than a statutory …

State Legislation Extending To Navigable Waters, Ralph W. Aigler

Articles

In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOLMEs dissenting, that the WORKMEN'S COMPENSATION ACT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred on navigable waters of the United States …

Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason

Michigan Law Review

The Death of Professor Knowlton - The loss to the Law School and to his colleagues of the law faculty in the death of Jerome Cyril Knowlton cannot be expressed. For thirty-one years, the longest period of active service ever given by any man to this Law School, Mr. Knowlton was an effective factor in the development of the institution and in the moulding of the character and the legal ideas and ideals of the thousands of graduates who have passed through the Law School into the service of community and state and country, at the bar, upon the bench, …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client - Attorney's Charging Lien - Having agreed by contract to pay his attorney fifty percent of the proceeds recovered, the client, while suit was pending, and without the consent of his attorney, settled with the defendant for $3o. The attorney then gave notice of his claim to the defendant, and the district court, after hearing the case, gave judgment to the plaintiff attorney for $1oo. There was a statute (N. J. LAWS OF 1914, ch. 201, p. 410) which gave a lien to an attorney on the proceeds of a settlement out of court. Held, the action …

Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner

Articles

There is much contrariety of decision concerning the liability of public officers for the loss of funds with which they have been entrusted. A recent case illustrates some of the more important phases of the law of such a situation. People for use of Hoyt et al. v. McGrath et al. (Ill. 1917), I17 N. E. 74. In this case the public brought an action of debt on the official bond of the clerk of court for the use of Hoyt and others. Usees had tendered into court a sum of money which the clerk took under the court's order …

Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt

Michigan Law Review

Special Assessments Upon Cemetaries - Though the power to tax cemeteries would seem to be'entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See CooLY, TAxATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, i39 IIl. 16, 28 N. E. io76; Mullins v. Cemetery Assoc., 239 Mo. 681, i44 S. W. iog; Buffalo City Cemetery v. Buffalo, 46 N. Y. 5o3; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 5! …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption - Inheritance from Natural Kindred - The plaintiff, a minor, by his guardian sued to recover his share of his deceased grandfather's estate under the law of succession of the state of California. After the death of his father and mother he had been adopted into another family. The statute of California provides that the natural parents of an adopted child are "relieved *** of all parental duties towards and all responsibilities for the child so adopted and have no right over it," and the child and persons adopting "shall sustain towards each other the legal xelation of parent …

Direct Primary Legislation In Michigan, Arthur C. Millspaugh

Michigan Law Review

The first local direct nomination law in Michigan was passed ir 1901; the first general law in 1905. The public opinion, however, which looked to the abolition of the convention system of nomination, rather than to its legal regulation, had its inception as early as 1894. The unusually objectionable primaries of that year led to a pronounced but unorganized agitation for reform, in the course of which a few of the most radical proposed to abolish absolutely all conventions.1 The legislature of 1895 contented itself, however, with attempting the regulation of primaries and conventions, leaving most of the nominating machinery …

Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen

Michigan Law Review

The Mortgages in Possession in New York and in Michigan - It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 18o2 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, ii Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners-Lateral Support.-Defendant was sued for injuries to plaintiff's dwelling on an adjoining lot caused by defendant's having -excavated on his lot after having given plaintiff notice of the intended excavation. Held, defendant, after having given plaintiff reasonable notice of 'the intended excavation, was not liable for injuries to plaintiff's building which resulted from defendant's "ordinarily careful excavation of his own lot:' Vandegrift, et al. v. Boward (Md. I916), 98 AtI. 528.

Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman

Michigan Law Review

The Death of President Angell - The death of Dr. James Burrill ANGELL, president-emeritus of the university, has deprived the law school of a sympathetic and helpful friend. Such was the catholicity of Dr. ANGL'S mind and his intellectual interests that probably all departments of the university felt and had good reason to feel that he was in some special sense the interested friend of each.

Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat

Michigan Law Review

Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …

Charter Amending Powers Of Cities Under Michigan Home-Rule Legislation, Robert R. Jacobson

Michigan Law Review

The recent development in Michigan of the idea of home-rule for cities and villages makes the relation of municipal to state government there a matter of particular interest at the present time. The constitution of 1908 provided that the legislature should pass general laws giving to cities and villages the power to construct their own charters.1 The next two assemblies both attempted to frame statutes in accord with this general provision, 2 but the decisions of the Supreme Court in a number of important cases showed that these acts failed of their purpose. Having found that under the constitution as …

Newton D. Baker Scrapbook, March 16-September 30, 1916, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.

Newton D. Baker Scrapbook, October 29, 1915-January 31, 1916, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.

Is Texas A Common Law State?, Basil Duke Sartin

Kentucky Law Journal

No abstract provided.